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Interstate Compact - Mandatory Transfer

Posted By Law Offices of Joshua S. Davidson, PLC || 5-Aug-2013

Probationers may sometimes wish to move to another state while they are serving a term of probation in Arizona. Whether or not the probationer is permitted to move depends on whether the probation supervision can be transferred to the new state pursuant to the rules of the interstate compact for transfer of adult probationers.

In order to transfer, the probationer must get the approval of both the Arizona probation departments and the probation departments in the new state. Sometimes that approval is hard to come by. But in other cases, the approval is "mandatory" – the receiving state is required by law to accept the transfer of probation supervision. The fact a prospective transfer is mandatory does not mean, necessarily, that the process will be speedy. In fact, the mandatory transfer process can consume just as much time as a discretionary application. However, the Arizona probationer can rest assured that ultimately the transfer will go through.

The facts that determine whether a transfer is mandatory or discretionary often rest within the nature of the probationer's family and work. According to rules 3.101 and 3.101-1, the following circumstances would present a basis for a mandatory transfer of probation from one state to another.

The probationer:

(a) has more than 90 days or an indefinite period of supervision remaining at the time the sending state transmits the transfer request; and

(b) has a valid plan of supervision; and

(c) is in substantial compliance with the terms of supervision in the sending state; and

(d) is a resident of the receiving state; or

(e)(1) has resident family in the receiving state who have indicated a willingness and ability to assist as specified in the plan of supervision; and

(e)(2) can obtain employment in the receiving state or has means of support.

What if the probationer meets most, but not all, of the above requirements? In certain situations, if the probationer or a family member is transferred to another state pursuant to already existing full time employment, then the probation transfer is mandatory. Otherwise, the probationer will be required to seek a discretionary transfer.

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